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O. Reg. 324/23: ADMINISTRATIVE PENALTIES

filed October 5, 2023 under Building Broadband Faster Act, 2021, S.O. 2021, c. 2, Sched. 1

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ontario regulation 324/23

made under the

Building Broadband Faster Act, 2021

Made: September 15, 2023
Filed: October 5, 2023
Published on e-Laws: October 6, 2023
Published in The Ontario Gazette: October 21, 2023

Administrative Penalties

Application

1. This Regulation applies with respect to administrative penalties under section 24 of the Act.

Prescribed provisions

2. Sections 5, 9 and 20.1 of the Act are prescribed provisions for the purposes of subsection 24 (2) of the Act.

Limitation

3. An administrative penalty may only be imposed within one year from when the contravention occurred.

Penalty amount and consideration

4. When considering the amount of an administrative penalty, the Minister may consider the following factors:

1.  The extent to which the contravention deviates from the requirements of the enforceable provision.

2.  The impact of the contravention.

3.  Compliance history and any previous contravention.

4.  Whether actions have been implemented to remedy the contravention.

5.  Whether the person who committed the contravention derived any economic benefit from the contravention.

6.  Any other criteria that the Minister considers relevant.

Content of order

5. An order imposing an administrative penalty must include, at a minimum, the following information:

1.  The name of the person against whom the order is being made.

2.  A description of the contravention and the provision of the Act contravened.

3.  The day or days or the parts of the day or days on which the contravention occurred.

4.  The amount of the penalty payable.

5.  An indication that payment is to be made to the Minister of Finance and an explanation of the methods by which payment may be made.

6.  A statement that the person is required to pay the administrative penalty within 30 days after the date of service.

7.  Information about the right to review under subsection 24 (7) of the Act.

Deemed service

6. An order imposing an administrative penalty is deemed to have been served,

(a)  on the day it is given, if it is given by personal service;

(b)  on the day it is sent by email, if it is sent by email; or

(c)  on the third day after it is mailed, if it is sent by registered mail.

Review

7. (1) A person who receives an order that imposes an administrative penalty on them may apply to any member of the Ontario Land Tribunal for a review of the order within 15 days from the day the order is served.

(2) The member shall conduct the review of the order in accordance with the practices and procedures that are provided for under the Ontario Land Tribunal Act, 2021.

Commencement

8. This Regulation comes into force on the day it is filed.

 

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